Mazzaglia indicted in strangulation murder of Elizabeth Marriott

DOVER — Dover resident Seth Mazzaglia has been indicted on first- and second-degree murder charges in the death of University of New Hampshire student Elizabeth Marriott.

By JIM HADDADINjhaddadin@fosters.com

DOVER — Dover resident Seth Mazzaglia has been indicted on first- and second-degree murder charges in the death of University of New Hampshire student Elizabeth Marriott.

Court documents made public Tuesday morning indicate Mazzaglia used a rope to strangle Marriott, a 19-year-old UNH sophomore, on Oct. 9, 2012, the day she was last seen alive. He then allegedly used Marriott's car to transport Marriott's body to Peirce Island in Portsmouth and dump her remains into the Piscataqua River.

Mazzaglia faces two alternate theory charges of first-degree murder. One alleges he strangled Marriott. A second first-degree murder charge alleges Mazzaglia used physical force to strangle Marriott before, during, or after an attempt to sexually assault her on that same evening.

A grand jury seated in Strafford County last week also handed up indictments against 30-year-old Mazzaglia on a charge of second-degree murder, and a charge of conspiracy to hinder apprehension or prosecution.

According to court documents, Mazzaglia and his then-girlfriend, Kathryn "Kat" McDonough, 19, of Portsmouth, used a suitcase to transport Marriott's body to Peirce Island. They then allegedly engaged in a conspiracy to deceive police, which involved dumping the suitcase and pieces of Marriott's clothing and their own clothing into dumpsters.

Marriott was murdered at about 11:05 p.m., according to court documents. After her death, McDonough allegedly used her cell phone to send a text message to Marriott's phone asking "why Elizabeth Marriott did not appear at her planned visit at Seth Mazzaglia's and Kathryn McDonough's apartment in Dover."

The pair also allegedly deleted text messages on their own cell phones in which they discussed the planned visit of Elizabeth Marriott at their Dover apartment.

The pair are accused of dumping Marriott's body in the river sometime between Oct. 9 and Oct. 10. They also allegedly broke Marriott's cell phone and GPS navigation system and "disposed" of the products.

Police say both a suitcase and a tarp that were used to transport Marriott's body, and the rope used to kill her, were discarded in various dumpsters.

Mazzaglia and McDonough allegedly "concocted a false alibi" about their whereabouts on Oct. 9 and their interaction with Marriott. Prosecutors say they planned to tell police Marriott had died accidentally during a consensual sexual encounter. They are accused of lying to police on or about Oct. 12, 2012, when they were interviewed in Newington.

McDonough also allegedly told members of Mazzaglia's criminal defense team later in October that Marriott had died during a consensual sex act.

Senior Assistant Attorney General Jeffery Strelzin declined to comment Tuesday on whether prosecutors are pursuing the theory that Marriott was a willing participant in the encounter in which she died.

"I think the indictments speak for themselves. I'm not going to comment beyond what they say," Strelzin said.

He cautioned that there's "certainly nothing in there" that would give anyone reason to think the sexual encounter was consensual.

In a statement released to Foster's Tuesday, the Marriott family said it was satisfied with the indictment.

"The past several months have been very difficult for the Marriott family and the next several days will be very trying," the statement reads. "The criminal case is expected to last for quite some time but the Marriott family is resolute in its demand for justice for Lizzi as well as its defense of Lizzi's life and legacy."

Through their attorney, the Marriott family also attacked the notion that the sexual encounter on Oct. 9 was consensual.

"It is the Marriott's understanding that the arrest warrants and affidavits may contain statements from Mr. Mazzaglia and others that are, in essence, reprehensible, salacious and intentionally designed to suggest that Lizzi's murder was the accidental consequence of a bizarre, abnormal consensual act," the statement reads. "The statements are a complete fabrication and are more indicative of Mr. Mazzaglia's twisted sense of reality and responsibility as opposed to Lizzi's character and the life she led for 19 years. In short, the statements of Mr. Mazzaglia are at odds with many of the allegations in the indictment and should be viewed with extreme skepticism."

The statement continues: "It is a common criminal defense tactic, as old as Mount Washington itself, to blame the victim. In the instant matter, Mr. Mazzaglia had several days from the time he murdered Lizzi to concoct a new reality tactically designed to assist him in his failed efforts to avoid an indictment for first degree murder. Not content with murdering Lizzi, Mr. Mazzaglia now seeks to assault Lizzi's reputation and legacy in order to possibly spare himself a life sentence. His effort is as predictable as it is reprehensible and should be given no serious consideration. Mr. Mazzaglia fully appreciates that Lizzi is unable to personally defend herself against the hateful fiction he has authored."